SMITH v. KELSO

No. 87-8658.

863 F.2d 1564 (1989)

Donnie James SMITH, Petitioner-Appellant, v. Ira KELSO, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 25, 1989.


Attorney(s) appearing for the Case

Michael Edward Bergin, Fairburn, Ga., for petitioner-appellant.

Paula K. Smith, Asst. Atty. Gen., Dept. of Law, Atlanta, Ga., for respondent-appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and WISDOM, Senior Circuit Judge.


WISDOM, Senior Circuit Judge:

The primary question this habeas case presents is whether the petitioner's trial in the state court was fundamentally unfair because the conflict between the petitioner and his co-defendants was so substantial that the trial court should have granted the motion for a severance. On September 20, 1983, Jim Henderson was murdered by two rifle shots to the head as he lay in the back seat of Donnie...

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